Clean code in the Change in Control Agreement

How to clean code in Change in Control Agreement and save time

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How to Clean code in the Change in Control Agreement

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A change of control provision in executive contracts can be either single trigger or double trigger. A single trigger occurs upon an exit event, allowing the executive to leave immediately. This type is less common as it may discourage the acquiring company from keeping the management team. In contrast, a double trigger happens when the executive is terminated within a specific timeframe following an exit event, allowing them to exit with benefits.

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What is a springing deposit account control agreement?

The more common springing control agreement provides that the borrower can access the deposit account(s) until the lender delivers a notice of exclusive control to the depository bank. Generally, such a notice can be given by the lender only if the borrower is in default under the underlying loan.

What is a change in control provision?

A clause in a business contract which stipulates that if ownership of a majority of the equity of a company changes hands, then the other party to the contract has a right to cancel, usually without liability for paying any compensation.

What is a normal transaction bonus?

Transaction Bonus Payments means any payments that become due and payable to the employees of the Acquired Companies as a result of or in connection with the Transaction in an amount not to exceed 0.5% of the Estimated Purchase Price.

What is a change of control bonus?

The Company (or any successor entity) shall pay to the Executive a lump sum bonus amount equal to three (3) times Executives Base Salary. Such bonus shall be paid to Executive in full simultaneously upon the close of the transaction that has created the Change of Control.

Is a transfer a change of control?

Change of control clause There exists no standard definition of change of control but it does include the following transactions: A transfer of shares of the company; A complete sale of all or a substantial portion of assets of the company; Mergers and Acquisitions.

What is change of control in LLC?

A change in control occurs when a person or entity obtains more than 50 percent of the ownership interest in the entity.

Can a bonus be taken back after paid?

Typically, the obligation to repay bonus compensation is triggered upon the employees termination of employment. Once the obligation is triggered, the employee will be required to repay the bonus compensation previously received, either in a lump-sum payment or in installments.

What are change in control payments?

Change of Control Payments means any payment (including any benefit or transfer of property) in the nature of compensation, to or for the benefit of the Executive under any arrangement which is partially or entirely contingent on a Change of Control, or is deemed to be contingent on a change of control or ownership of

What does DACA stand for in real estate?

When it comes to applying for a home loan as a DACA (Deferred Action for Childhood Arrivals) recipient, youll find that the homebuying process is not as intimidating as it might seem at first glance.

Is assignment the same as change of control?

An assignment clause governs whether and when a party can transfer the contract to someone else. Often, it covers what happens in a change of control: whether a party can assign the contract to its buyer if it gets merged into a company or completely bought out.

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